Moors Sundry Act of 1790
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The Moors Sundry Act of 1790 was a 1790 advisory resolution passed by
South Carolina House of Representatives The South Carolina House of Representatives is the lower house of the South Carolina General Assembly. It consists of 124 representatives elected to two-year terms at the same time as U.S. congressional elections. Unlike many legislatures, seati ...
, clarifying the status of free subjects of the Sultan of Morocco,
Mohammed ben Abdallah ''Sidi'' Mohammed ben Abdallah ''al-Khatib'' ( ar, سيدي محمد بن عبد الله الخطيب), known as Mohammed III ( ar, محمد الثالث), born in 1710 in Fes and died on 9 April 1790 in Meknes, was the Sultan of Morocco from 17 ...
. The resolution offered the opinion that free citizens of Morocco were not subject to laws governing
blacks Black is a racialized classification of people, usually a political and skin color-based category for specific populations with a mid to dark brown complexion. Not all people considered "black" have dark skin; in certain countries, often in ...
and slaves.


Petition from Sundry Free Moors

On January 20, 1790, a petition was presented to the South Carolina House of Representatives from a group of four individuals who were subjects of the Moroccan emperor and residents of the state. They desired that if they happened to commit any fault amenable to be brought to justice, that as subjects to a prince allied with the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...
through the
Moroccan–American Treaty of Friendship In December 1777, the Moroccan Sultan Mohammed ben Abdallah, Mohammed III included the United States in a list of countries to which Morocco's ports were open. Morocco thus became the first country whose head of state publicly recognized the ne ...
, they would be tried as citizens instead of under the
Negro Act of 1740 The Negro Act of 1740 was passed in the Province of South Carolina, during colonial Governor William Bull's time in office, in response to the Stono Rebellion in 1739. The comprehensive act made it illegal for enslaved Africans to move abroad, ...
. The ''Free Moors'', Francis, Daniel, Hammond and Samuel petitioned on behalf of themselves and their wives Fatima, Flora, Sarah and Clarinda. They explained how some years ago while fighting in defense of their country, they and their wives were captured and made prisoners of war by an African king. After this a certain Captain Clark had them delivered to him, promising they would be redeemed by the Moroccan ambassador residing in
England England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe b ...
, and returned to their country. Instead, he transported them to South Carolina, and sold them for slaves. Since then, "by the greatest industry," they purchased freedom from their respective masters. They requested that as free born subjects of a Prince in alliance with the U.S., that they should not be considered subject to a state law (then in force) known as the ''negro law''. If they be found guilty of any crime or misdemeanor, they would receive a fair trial by lawful
jury A jury is a sworn body of people (jurors) convened to hear evidence and render an impartial verdict (a finding of fact on a question) officially submitted to them by a court, or to set a penalty or judgment. Juries developed in England du ...
. The matter was referred to a committee consisting of Justice
John Faucheraud Grimké John Faucheraud Grimké (December 16, 1752 – August 9, 1819) was an American jurist who served as Associate justice and Senior Associate Justice of South Carolina's Court of Common Pleas and General Sessions from 1783 until his death. He also s ...
, General Charles Cotesworth Pinckney and Edward Rutledge.


Free Moors Petition: Committee report

Edward Rutledge reported from the committee on the petition on the same day and the House agreed to the report, which read as follows: Because the report was not forwarded to the state Senate for concurrence, it did not have the force of law but served as an advisory opinion offering the sense of the House. The report was later published in the Charleston City Gazette and the Charleston State Gazette of South Carolina.Charleston City Gazette, January 28, 1790, and the Charleston State Gazette of South Carolina, February 1 and 4, 1790.


See also

*
Naturalization Act of 1790 The Naturalization Act of 1790 (, enacted March 26, 1790) was a law of the United States Congress that set the first uniform rules for the granting of United States citizenship by naturalization. The law limited naturalization to "free Whit ...
*
Moorish Science Temple of America The Moorish Science Temple of America is an American national and religious organization founded by Noble Drew Ali (born as Timothy Drew) in the early twentieth century. He based it on the premise that African Americans are descendants of the M ...


Notes


References

''State Records of South Carolina''. Journals of the House of Representatives, 1789-90. Michael Stevens, Christine Allen: Pub. for SCDAH by USC Press: ©1984 SCDAH 1st Ed. Pub. by University of South Carolina Press (1511 words)


External links


Free Moors of South Carolina
{{Authority control South Carolina law 1790 in South Carolina Legal history of South Carolina Moroccan-American history Slavery in Morocco Race legislation in the United States 1790 in American law 18th-century Islam Morocco–United States relations